Easily Register a Design

Design registration can be used to protect original shapes, patterns, ornaments, and composition of colours and lines applied to any article by an industrial process. IndiaFilings offers an easy process for obtaining design registration from Rs.7899/-

Design Registration

Design registration is a type of intellectual property protection, under which newly created designs applying to a articles created under an industrial process can be protected from counterfeiting. Under the Design Act, 2000, a shape, configuration, pattern or ornament or composition of lines or colour or combination applied to any article can be registered. For a design to be registered, it must satisfy the following conditions: it must be new and original, the design should relate to features of shape, configuration, pattern or ornament applied to an article, the design must be applied to any article by an industrial process and the design must be visible and should appear on an article.

Design registration provides the creator, exclusive rights over use of the design for a period of ten years, that can be further extended for a period of five years. In case of infringement, the owner of a registered design can seek legal remedy under the Design Act.

IndiaFilings is the leading business services platform in India, offering a variety of services like trademark registration, business registration, tax registration, tax filing and capital syndication. IndiaFilings can help you register a Design. The average time taken to draft and file a design registration application is about 10 - 15 working days, subject to government processing time and client document submission. Get a free consultation on filing a design registration application by scheduling an appointment with an IndiaFilings Advisor.

Important Aspects of Design Registration

File Professionally

It's important that a professional file for the registration of a design to ensure that the design is properly protected. An experienced professional can help significantly improve chances of successful design registration by filing a professional application, addressing all the aspects of Designs Act.

Government Process

Filing a design registration application does not guarantee registration of the design. Design registration is a process and registration is provided only by the Registrar - based on the facts and premises of each case. Hence, our professionals can only make best efforts for filing of design registration application based on experience and expertise.

Timeline

Post filing of a design registration application, it is important to periodically check the status of the application until its processing on the Government side. Design registration application process sometimes requires various time-bound response or action from the applicant. Hence, it's important to continually check the status of the application and take required action until registration.

Protection

List of all registered designs are maintained and published by the Patent Office to put competitors on notice about registration of a design and prevent counterfeiting. In case of infringement or piracy of a registered design, the owner of the registered design can seek legal remedy under the Designs Act.

10 Year Protection

Designs registered under the Designs Act are protected for a period of ten years, renewable by another 5 years. However, design registration mainly applies only to designs applied by an industrial process on any article. Hence, items that are covered under the Trademark Act or Copyright Act cannot be registered as a design.

Identity and Address Proof

Identity and address proof will be required for all directors and shareholders of the company to be incorporated. In case of Indian nationals, PAN is mandatory. For foreign nationals, apostilled or notarised copy of passport must be submitted mandatorily. All documents submitted must be valid. Residence proof documents like bank statement or electricity bill must be less than 2 months old.

Registered Office Proof

All companies must have a registered office in India. To prove access to the registered office, a recent copy of the electricity bill or property tax receipt or water bill must be submitted. Along with the utility bill, rental agreement or sale deed and a letter from the landlord with his/her consent to use the office as a registered office of a company must be submitted.

What works can be copyrighted?

Any literary, dramatic, musical and artistic works including cinematograph films and sound recordings can be copyrighted.

What works CANNOT be copyrighted?

Copyright protects the expression and not the idea. Therefore, ideas, procedures, methods of operation or mathematical concepts cannot be copyrighted.

Do I have to get copyright registration to get copyright protection?

No. Copyright protection normally comes into existence as soon as a work is created and without any formality. However, in case there is a dispute with respect to the ownership of a work, then copyright registration would be helpful as it serves as prima facie evidence in the court of law with reference to copyright disputes.

What rights and protection does copyright registration provide?

Copyright registration gives the owner of the copyright - the rights of reproduction, communication o the public, and adaptation and translation of the work. Copyright ensures there are safeguards for the rights of authors over their creations.

Who can apply for copyright registration?

Any person claiming to be the owner of the work to be copyrighted can apply for copyright registration. The person can be an individual, company, NGO, etc.,

What are the documents required for copyright registration?

A copy of the work to be registered along with the address and identity proof of the trademark owner is required. In case of Company, the name of the Company along with its Certificate of Incorporation and Address proof is required.

How long will it take to obtain trademark registration?

Copyright registration application can be filed with the Copyright Registrar in a matter of days. However, it will typically take 2 to 4 months for the Copyright Registrar to complete their formalities and provide Copyright Registration for the work.

How long is the copyright registration valid for?

Copyright protection typically lasts for 60 years. In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations, the 60-year period is counted from the date of publication.

How can a copyright registered work be protected?

Any person who knowingly infringes or abets the infringement of the copyright in any work commits criminal offence under Section 63 of the Copyright Act. The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh.

Can I sell or transfer a copyright registration?

A copyright registration is an intellectual property, which can be sold, transferred, gifted, franchised, etc., Copyright registration gives the owner of the work ownership over the work and any person wishing to use the work must obtain the registered copyright owners consent.

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